Barring an unlikely successful appeal, Psystar's days in the Mac cloning …

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Psystar's quixotic quest to "open" Mac OS X from the clutches of Apple has been stifled by a permanent injunction from a federal judge. The order bars the company from distributing computers with modified copies of Mac OS X, or in any way aiding or abetting anyone else to do so. Despite Psystar's attempt to have Snow Leopard and its Rebel EFI software left out of any injunction, Judge Alsup included all future versions of Mac OS X as covered by the injunction, and warned Psystar that if it continues to sell Rebel EFI, it does so at its "own peril."

After Apple made the switch to x86-based architecture, Psystar made waves by becoming the first company to purport to offer Mac OS X-compatible clones. After a surprisingly long four-month wait, Apple filed a lawsuit against Psystar for copyright, DCMA, trademark, and other violations. Though Psystar attempted a number of stall tactics and brazenly suggested that it was the champion of "choice" in "Mac OS X-capable hardware," summary judgment was awarded in Apple's favor on the copyright and DCMA issues. Psystar and Apple agreed to settle for $2.7 million and call it quits on the remaining issues, while Apple moved for a permanent injunction against Psystar on the question of copyright infringement.

After a hearing held Monday, Judge Alsup entered his decision to grant Apple's motion for permanent injunction. In oral arguments, Psystar didn't try to oppose the motion, but merely argued that Snow Leopard and Psystar's own Rebel EFI software should be specifically excluded from the injunction. Psystar reasoned that since Snow Leopard and Rebel EFI had been excluded from litigation in the case, and are currently the subject of an additional case in Florida, any injunction from Judge Alsup should be limited to Leopard. However, Alsup wasn't buying that argument.

The injunction instead gives Psystar until the end of the year to cease all activity related to copying and distributing any version of Mac OS X, or enabling others to violate Apple's copyrights on Mac OS X. Specifically, the issue of whether or not Rebel EFI violates the terms of the injunction was left open for a future contempt proceeding should Apple choose to file a claim. Judge Alsup made it clear that "Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction."

Specifically, the injunction bars Psystar from doing any of the following:

Having anything whatsoever to do with "any technology, product, service, device, component, or part thereof" that circumvents Apple's technological protections of Mac OS X.

Having anything whatsoever to do with "any technology, product, service, device, component, or part thereof" that circumvents Apple's technological protections of Apple's copyright of Mac OS X.

Naturally, Psystar plans to appeal the summary judgement, but Judge Alsup warned that Psystar should not waste time complying with the order. "[I]f compliance can be achieved within one hour after this order is filed, defendant shall reasonably see it done," Alsup wrote.

He also warned Psystar against committing any "defiant or unreasonable conduct" between now and January 1. Though the company's website still lists Open Computers for sale, all models have been "out of stock" for some time, effectively limiting their sale. Psystar does, however, continue to sell Rebel EFI, which conceivably could run afoul of provisions two, four, and five.

In the meantime, we expect Apple to do its best to curb additional clone sellers that have popped up since Psystar started down this road early last year. Apple should not have a problem shutting down LA-based Quo Computer, but might have a harder time stopping companies in the UK, Germany, and Russia. Though Apple's EULA specifically forbids installing Mac OS X on non-Apple hardware, the company has so far made no indication that it would attempt to shut down open source projects that support individuals making their own "hackintosh."